PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following details depict the terms and conditions of use (hereafter referred to as “Agreement”), relevant to your use of information on Mackexperts.com (hereafter referred to as “web site”), that works to promote business between buyers and suppliers all over the world. This constitutes the agreement between you, the user(s) of the web site (the “User(s)”) and the Mack Experts Technologies Pvt. Ltd. (hereafter referred to as “METPL”).
Prior to your subscription of features on web site and / or use of web site, METPL believes that users(s) have completely read, understood and accept the agreement.
In case you do not agree to this agreement or do not wish to be bound by it, you may not browse any further or use the web site.
- Web site – Just a Platform / Venue
- Eligibility of User(s)
- Agreement with User(s)
- User(s) Agreement Amendment
- Intellectual Property Rights (IPR)
- Third Party Site Links
- Registered User(s)
- Protection of Data
- Posting Your Content On To the Web Site
- Interaction Between Users
- Disclaimer of Limitation of Liability
- Governing Dispute and Law Resolutions
I WEB SITE: JUST A PLATFORM / VENUE
The web site is merely a platform / venue for our members to interact / negotiate for selling, buying and carry out other business activities by the method of locating companies to do business with, via our online exchange.
Please note, we are not party to any actual transaction that happens between the sellers and buyers and therefore are not a party to any contract for sale / services entered into or negotiated between sellers and buyers. All transactions carried out by the members will be their responsibility alone. This agreement shall not be deemed as any joint venture, partnership or any other type of joint business relation between METPL and any other party.
II ELIGIBILITY OF USER(S)
User(s) implies any business organization / entity or individual who legally operates in India and / or any other country, uses and has the right to avail the services provided by METPL. Our services can be availed only by those companies / entities or individuals who can enter into or form legally binding contract/s under the applicable law. Hence, the user(s) must not be a minor in the eyes of Indian Law, which means that the user(s) must be of at least 18 years in age to qualify to use our services.
METPL strictly suggests its users that they must abide by / follow the related laws while accessing the web site. METPL is and will not be liable for the possible consequences resulting from your behavior during the use of the web site. METPL may, in its sole discretion refuse its services to any company / entity or individual at any time. The services are and will not be available to indefinitely or temporarily suspended members of the web site.
III AGREEMENT WITH USER(S)
This agreement is applicable to the user(s) if the user(s) are normal visitors and / or are registered – paid or free user(s) who access our web site for any particular purpose. The agreement is also applicable to any legal entity that may be represented by you under apparent or actual authority. User(s) may make use of this web site only and solely for their own internal or personal purposes.
The agreement is relevant to all METPL services on offer on the web site, collectively with any more terms and conditions which may be applicable to the particular service/s accessed / used by the concerned user(s). In case of any inconsistency or conflict between any provision of the terms and conditions mentioned herein with those of the particular service/s used or accessed by the user(s), the provisions of the applicable terms and conditions to such specific / particular service(s) shall hold.
IV USER(S) AGREEMENT AMENDMENT
METPL has right to amend, modify, update or change this agreement periodically or from time to time without giving any prior notice to the user(s). In such case, the restated and modified terms and conditions of use will be effective from the moment they are posted on the web site. In case you chose to not adhere to the new changes, you must stop using the web site / service(s). Your continued use of our service/s will imply that you have accepted the new terms and conditions.
V INTELLECTUAL PROPERTY RIGHTS (IPR)
METPL is the sole and only lawful licensee and owner of all rights to this web site and the content in it. The web site content implies its text, graphics, video, design, images, layout, sound etc. The content on the web site embody the intellectual property rights and the trade secrets protected by worldwide copyright and other related relevant laws. All intellectual property, ownership and title rights to the web site and its content shall remain with METPL, its licensors or affiliates of the web site content, whatever the case may be.
All other rights not claimed explicitly in this agreement or by METPL, are hereby reserved. The information on this web site is intended only to make available general information to the user(s) for his / her personal use. The user(s) accepts full responsibility for the use of this information. METPL in no way represents or endorses the correctness, reliability or accuracy of any advertisement(s), information (collectively the content) contained in, downloaded from, distributed through, accessed from and / or linked to any service(s) on this web site, or the authenticity / quality of any material, information or products displayed or bought / obtained by user(s) as a result of any offer, information or advertisement in or related to the service(s).
We hold no responsibility for any omissions, errors or results obtained by using this information. All information provided on this web site is on “as is” basis, with no guarantee of timeliness, accuracy, completeness or the results received from using this information, and devoid of any warranty of any kind, implied or express, including but not limited to warranties of fitness, merchantability and performance for a specific purpose. Nothing herein on this web site shall to any extent act as a substitute to the sound business and technical judgment and independent investigation/s of the user(s). In no event / circumstances shall METPL be held liable for any punitive, incidental, indirect, consequential or direct damages of any type whatsoever related to the service(s), products and materials. User(s) of this web site must hereby acknowledge that any level / type of reliance on any content shall be completely and solely at their own risk.
The information available on this web site has been compiled from publicly published and aired sources. METPL holds great respect for these sources and is in no way trying to infringe upon any of the respective businesses or copyrights of these sources / entities. METPL reserves the right, without any particular obligation and in its sole discretion to correct any omissions / error or make modifications / improvements to any portions of the materials, products or services.
Trademark – “MackExperts” and associated logos and icons are service marks, trademarks or registered trademarks of METPL in different / various jurisdictions and are protected by applicable proprietary right, trademark and copyright laws. The unauthorized use, modification, publication and / or copying of these marks is very strictly prohibited.
Copyright – All content on this web site is the copyright of METPL except for the content belonging to third parties and the link/s on our web site to the third parties’ web site/s.
METPL is not an expert in your IPR (intellectual property rights) and we have no means to verify that the user(s) of our online marketplace – who normally post several thousands of trade leads for services / products on our web site everyday – hold the right to sell the products / services on offer. We will greatly appreciate any kind of help or assistance from you in identification of listings which may not outwardly appear to be infringing upon your rights, but which you believe are indeed infringing. METPL is also not a judge or arbiter of disputes related to IPR (intellectual property rights). METPL is not endorsing an infringement claim by taking down any particular listing/s as a wise measure. Neither in cases where METPL declines to remove a listing/s, is it determining that the particular listing/s is / are not infringing, nor is METPL endorsing the sale of services / goods in these cases.
METPL respects the IPR (intellectual property rights) of others and expects its user(s) to adhere to the same protocol. We believe that our user(s) will not download, reproduce or copy any text, information, files, directories, video clips, images, listings or databases available through or on the web site (i.e. the METPL content) for the purpose of mass mailing (through physical mail, wireless text message, email, SMS or otherwise), re-distributing, re-selling and / or for business operations of an entity competing with METPL, or otherwise doing commercial exploitation of the METPL content in any other way. Systematic retrieval of METPL content for compilation or creation, indirect or direct, a database, compilation, directory or a collection (whether via spiders, manual processes, automatic devices or robots) without written prior permission from METPL is strictly prohibited.
To add, use of our web site content for any purpose not explicitly detailed and / or permitted under this agreement is strictly prohibited and will invite legal action. As a condition for your use and access to the services of METPL, you agree that you will not use our web site’s service(s) to infringe upon the IPR (intellectual property rights) of other parties / entities / individuals in any way. METPL reserves the right to terminate any user(s) account(s) upon gaining knowledge of any infringement of others’ rights by using METPL service(s), or if METPL believes that the particular user(s) conduct is harmful for the interests of METPL, its other users, affiliates for any other reason in METPL’s sole discretion, without or with a cause.
Sub-Domain / URLs – Sub-Domain / URL names allocated by METPL to its users (including free and paid users) are the exclusive properties of METPL and they cannot be assumed as permanent in any situation. METPL completely reserves the right, at any time, without issuing any prior notice, to terminate or suspend or edit or restrict access to the URLs / Sub Domain names. IN SUCH EVENTUALITY, METPL WILL NOT BE LIABLE TO ANY PARTY FOR ANY SPECIAL, INDIRECT, DIRECT OR OTHER RESULTING DAMAGES, WITHOUT LIMITATION, INCLUDING, ANY BUSINESS INTERRUPTION, LOSS IN PROFITS OR OTHERWISE.
VI THIRD PARTY SITE LINKS
Third party site links are basically provided by our web site for the benefit or convenience of the user(s) and METPL does not have any control over these sites, that is, the resources and the content available on them.
METPL may permit user(s) access to services, products or content provided by third parties by way of hyper links (in the form of channels, banners, text links etc.) leading to those third party web sites. METPL suggests that you go through the terms and conditions of these third party web sites and / or their privacy policies prior to making use of their products / services / information, so as to be aware of those terms and conditions before hand. METPL believes that user(s) acknowledge that METPL does not monitor and has no control on these third party web sites, and METPL will not be liable or responsible to any one for these third party web sites, or services, products or any content provided on these sites.
Some features and most of the content on the web site are provided to user(s) free of cost. However, METPL reserves the right to terminate / restrict access to certain features or areas of the web site (for registered or paying users) for any reason, at any time, without or with prior notification. METPL also reserves the right to restrict or deny access to any particular user(s) to all / some of its content / features without providing any prior explanation / notification in order to protect the interests of METPL and / or other visitors / users of the web site. METPL reserves the right to deny, limit or create separate access protocol to its web site and the features therein for different user(s), or introduce new features or modify existing features without giving any prior notification.
METPL withholds the right to permanently or temporarily terminate the membership of any user(s) due to any of the following reasons:
- If it finds out that the concerned user(s) have provided any false / incorrect information related to his / her/ their account to METPL, or is / are engaged in any kind of illegal or fraudulent activities.
- The user(s) are found to be breaching any provisions of the web site agreement or terms and conditions of use agreement.
- The user(s) are found to be indulging in sending out spam messages using the information on web site or is / are repeatedly publishing the same product related information.
- If any user(s) are posting any material not associated with trade or business cooperation to the members.
- If any user(s) are found to be unlawfully impersonating or using other companies’ names / identity to conduct business or post information of any type on the web site.
- If the user(s) are caught accessing, modifying, controlling or accessing the web site’s network, database or related services in an unauthorized manner.
- If any user(s) are found to have obtained another member’s password and / or user name by unauthorized means.
If METPL terminates the membership of any user(s), s/he will not have any right to re-enroll into our web site or join METPL under a new account name, unless s/he is formally sent an invitation by METPL to rejoin. In case of termination, the membership charges will not be refunded, regardless of the case or circumstances. User(s) of the web site acknowledge that the inability to use the web site may have partially or wholly, for whatsoever reason, an adverse impact on its / their business. User(s) hereby agree that the web site shall in no event be liable to any third parties or user(s) for any inability to view / use the web site (either due to limited access, disruption, termination or modification of any web site features or otherwise), any omissions, errors, delays with regard to any transmission, communication, or any damages (resultant, indirect, direct or otherwise) resulting from the inability to use or use of the web site or any of the web site’s features.
VIII REGISTERED USER(S)
In order to become a registered users(s) of the web site, there is a proper procedure in place, which is for the convenience of the user(s) only, so that the users can easily log out and log in as per their convenience.
User(s) can formally become the registered user(s) of the web site by filling in an on-line registration form, available on the web site, by providing some specific information such as their contact information, name, business details etc. METPL will thereafter open an account (“Account”) for the user(s) and assign a particular password (“Password”) and user id (“User Id”) for login access to the user(s) account. The web site may or may not allocate a web-based message / email account with some limited storage space for receiving or sending messages / emails to the user(s) upon registration. User(s) alone will be liable for the message content communicated through their respective messages / email accounts, as well as the consequences resulting from those messages / emails.
If you register on the web site on behalf of a particular business or entity, you will be considered as representative of that business / entity and, (a) will be believed to have the authority to bind that business / entity to this agreement and / or the terms and conditions of use, (b) the address used during registration will be considered the principal place of operation for that business / entity, and (c) all information given to METPL during the registration process will be believed to be current, complete, accurate and true. For this purpose, a representative or branch will not be treated / considered as a separate entity and its principal place of operation will be deemed to be of its head office.
By registering as a user(s) on the web site, you have given the consent to the inclusion of your private / personal data in our online database and authorize METPL to share this information with third parties or other user(s). METPL reserves the right to deny or refuse registration / membership and any related password and user id to any user for any reason whatsoever. Web site also reserves the right to terminate or suspend the registered membership of any user(s) at any time without issuing any prior notification to that user(s), in interest of METPL and / or in general good interest of the web site’s other members / users / visitors without providing any reasons thereof. The registered user(s) of the web site are not an affiliate or part of METPL in any way.
IX PROTECTION OF DATA
X POSTING YOUR CONTENT ON TO THE WEB SITE
Part of the content visible on the web site is posted or provided by third parties. User(s) are allowed to post their inputs / content on few of these services / sections of the web site by making use of the self-help editing and submission tools provided in the respective services/sections. User(s) may be required to pay and / or register for some of these sections / services.
METPL will not be the author in this case. The content / inputs posted are contributions of registered, paid or anonymous user(s). Neither METPL or any of METPL’s officers, directors, employees or affiliates have entered into sale agency relationship with any third party/ies by virtue of our displaying the third party’s/ies’ content on the web site. Any third party input / content is the complete and sole responsibility of the party / entity who has provided that content. METPL cannot be held liable for the truthfulness, non-truthfulness, propriety, accuracy or lawfulness of any content provided by the third party, and shall not be liable to any user(s) as well for his / her/ their reliance on any such third party content. Furthermore, METPL cannot be held responsible / liable for the conduct or activities of its user(s) on the website, and shall not be liable to anyone for any direct or indirect damages suffered due to the conduct of that / those user(s).
User(s) solely / completely agree, warrant and represent to:
- provide METPL with current, complete, accurate and true information for display on the web site and
- promptly amend and regularly maintain all such information to keep it updated, current, complete, accurate and true
User(s) of the web site hereby grant a royalty-free, perpetual, irrevocable, sub-licensable (via multiple tiers), worldwide license to METPL to use and put on display all information made available by them in accord with the purposes put forth in the agreement and to exercise the database, publicity and copyright rights user(s) hold in such information or material, in any form of media, trade secret rights, proprietary / personal rights, patents, trademarks and / or third party copyrights relating to or affecting the information or material put on display on the web site, inclusive of, but not limited to the rights of privacy and rights of personality relating to or affecting the services / products displayed and / or offered on the web site (hereinafter referred to as “Third Party Rights”).
User(s) of the web site hereby agree, warrant and represent that they shall be completely and solely responsible for making sure that any information or material they provide or post on the web site or authorize for display to the web site, does not, and the services / products represented therein do not violate any Third Party Rights, or is posted on the web site with the due permission of the original owner of those rights. Further, user(s) hereby agree, represent and warrant that they hold the right to import, sell, offer and manufacture the services / products displayed and offered on the web site, and that such importation, sale, offer, distribution and / or manufacture of those services / products are in no violation of any third party rights.
User(s) of the web site hereby agree, represent and warrant that material / information submitted to METPL for the purpose of display on the web site will not:
make fraudulent offers or consist of fraudulent information of services / items or involve attempted sale or sale of stolen / counterfeit items / information or services / items whose marketing and / or sales is prohibited under the applicable law, or otherwise indulges in promotion of illegal activities;
play a part in a scheme to defraud other user(s) of the web site for any illegal purposes;
be associated with sale of services and / or products that directly / indirectly infringe or otherwise encourage or assist the violation or infringement of any third party’s trademarks, rights of privacy or publicity, proprietary rights, patent, trade secret or copyright, or any other third party rights;
be in violation of any applicable statute, law, ordinance or regulation (inclusive of and without being limited to those governing unfair competition, false advertising, anti-discrimination, consumer protection and / or export control);
be unlawfully threatening and / or harassing, libelous and / or defamatory;
promote or display obscenity or consist of / infer any sex-related or pornography related merchandise or any content, or otherwise assists / promotes any sexually explicit material or is in any way harmful for the minors;
promotes nationality, age, sexual orientation, sex, religion, disability or race related discrimination;
be consisting of any material that is considered harassment (inclusive of, but not limited to spamming) or unauthorized advertising, encourages / assists conduct that is known to be a criminal offense, invades anyone’s privacy, leads to civil liability or otherwise is in violation of any regulation or law;
solicits business from other user(s) related to a commercial activity that is in competition with METPL;
consists of any destructive devices such as computer viruses and codes that cause interference, damage, expropriation and / or interception to any hardware / software data, system or personal information;
links indirectly or directly to or consists of descriptions of services and goods which are prohibited under the prevailing law; or
in any other way creates any liability for METPL or METPL’s affiliates.
METPL holds the right in its sole discretion to delete any offers / content / material / photographs displayed on the web site that it reasonably believes could subject METPL to some liability, is unlawful, is in violation of the agreement and / or terms and conditions or is otherwise considered inappropriate in METPL’s opinion. The web site reserves the right to cooperate completely with private investigators, harmed third parties and / or any government authority in the investigation of any civil wrongdoing or suspected criminal.
In relation to the any of the preceding, the web site may terminate or suspend any user(s) account as web site deems fit in its sole discretion. User(s) of the web site agree that the web site shall not have any liability to any user(s), inclusive of no liability for any resulting or other damages, in the eventuality that the web site chooses to take any action mentioned in this section, and that the user(s) agree to bear the risk in case the web site takes any such action.
The web site merely acts as a content integrator and is in no way responsible / liable for any information provided by the user(s) to be displayed on the web site. METPL does not play any kind of role in the development of content.
XI INTERACTION BETWEEN USERS
METPL makes available an online platform for exchange of information between suppliers and buyers of services and products. The web site in no way represents the buyer or the seller in specific transactions and doesn’t charge any commissions for facilitating / enabling any transaction. The web site doesn’t control and is not responsible or liable for the lawfulness, safety, availability or quality of the services and / or products on sale on the web site or the capability of the providers / suppliers to successfully complete a purchase order. The user(s) of the web site are cautioned that there could be risks while dealing with people feigning their identities or foreign nationals. Although the web site adopts various methods, like MackTRUSTED for verification of authenticity and accuracy of the information provided by the user(s), it isn’t possible for METPL to keep the procedure 100% fool-proof. METPL cannot and doesn’t confirm that every user(s) provided identity (inclusive of and without being limited to MackTRUSTED Members) METPL encourages all its users to adopt different tools available on the web site as well as outside, also their common sense to correctly evaluate the identity of the users they would like to do business with.
All users acknowledge that they completely assume the risks of sale and purchase transactions while making use of the web site to carry out transactions, and that they completely assume the risks of harm or liability of any type related to subsequent activity of any type associated with the services and products which are the subject of transactions through the web site.
These risks shall be inclusive of, but not limited to, fraudulent schemes, failure to meet expectations / specifications, cost miscalculations, unlawful products, unsatisfactory quality, services / products misrepresentation, dangerous or defective products, breach of contract, default or delay in payment or delivery, transportation accidents and breach of warranty. These risks are also inclusive of the risks that the display, importation, purchase, manufacture, distribution, sale, offer and / or use of services and products on offer or on display on the web site may be asserted to violate or may violate third party rights, and the risk that the user(s) may incur defense costs or other costs related to third parties’ assertion of their third party rights, or related to any claims by any party that they are entitled to indemnification or defense in connection with assertions of claims, demands or rights by third party rights claimants. These risks are also inclusive of the ones that end-users of services / products, other purchasers, consumers or others claiming to have suffered from harms or injuries in relation to the services / products originally received by the web site user(s) as a result of sale and purchase transactions in relation to use of the web site may suffer injuries / harms and / or assert claims resulting from their use of these services / products. All of the preceding risks are hereinafter referred to as “Transaction Risks”.
The user(s) of the web site agree that METPL shall not be responsible or liable for any inconveniences, liabilities, harms, damages, business disruptions, costs or expenses of any type that may be incurred as a consequence of or in relation to any transaction risks. The user(s) of the web site are solely and completely responsible / liable for all terms and conditions through, as a result of or conducted on the use of web site, inclusive of, but not limited to, shipping, taxes, payment terms, returns, fees, licenses, insurance, handling, fines, transportation, permits and storage. In case of any dispute with any party to a transaction, the user(s) agree to indemnify and release METPL (and all of our employees, affiliates, officers, agents and directors) from all actions, costs, demands, claims, damages (inclusive of, but not limited to, any consequential, special, actual or incidental damages), proceedings and expenses resulting from such transaction(s). The user(s) of the web site may use the features / content on the web site completely and solely for their internal or personal purposes only. Further, the user(s) agree that they will not make use of the METPL database and / or its services for sending junk mail, spamming, chain letters or for the transmission of any libelous, harmful, threatening, unlawful, abusive, harassing, obscene, vulgar or otherwise objectionable material of any type or nature. In addition, as the registered user(s) of the web site, the user(s) will not use the allocated email account / messaging service to circulate, transmit, distribute or publish any unsolicited promotional or advertising content or information that is considered defamatory, seditious, obscene, threatening, indecent, offensive or that leads to or incites any type of discrimination, racism, breach of confidence or menace.
XII DISCLAIMER OF LIMITATION OF LIABILITY
The services and features on this web site are made available on “as available” and “as is” basis, and the web site hereby explicitly / expressly disclaims any and all warranties, implied or express, inclusive, but not limited to any warranties of performance, condition, accuracy, quality, reliability, durability, fitness or merchantability for a specific purpose. All such type of undertakings, conditions, representations, terms and warranties are hereby excluded. METPL makes no warranties or representations related to quality, completeness, correctness, accuracy, validity, stability of any information made available through or on the web site. METPL does not warranty or represent that the importation, display, distribution, importation, manufacture, purchase, offer, use and / or sale of services / products displayed or offered on the web site are not in violation of any third party rights; and METPL makes no warranties or representations of any type related to services and / or products displayed or offered on the web site. Any information / material downloaded or otherwise gathered through the web site is exercised at the user(s) sole risk and discretion and the user(s) is / are solely and completely responsible for any damages caused to their computer systems or any loss of data that may arise from such download of any such information / material. No information or advice, whether written or oral, obtained by the user(s) through or from the web site shall result in creation of any warranty that is not expressly / explicitly stated herein.
In no situation can the web site be held responsible or liable for any failure, disruption or delay of the services or content delivered via the web site, resulting indirectly or directly from acts of nature, causes or forces beyond the reasonable control of the web site, inclusive of, but not limited to, telecommunications failures, computer failures, internet failures or any other equipment failures, strikes, insurrections, electrical power failures, labor disputes, civil disturbances, riots, storms, floods, fires, shortages of materials or labor, acts of God, governmental actions, war, explosions, natural calamities, non performance of third parties or foreign or domestic court / tribunal orders. User(s) of the web site hereby agree to save and indemnify the web site, its employees, officers, affiliates and directors any harm from any or all liabilities (inclusive of legal costs on a complete / full indemnity basis), claims, losses that may result from the use of the web site by the user(s) (inclusive, but not limited to, the display of user(s) information on the web site) or from the breach of any terms and conditions of this agreement by the user(s). furthermore, the user(s) of the web site agree to save and indemnify the web site, its employees, affiliates, agents and directors from any harm from any or all liabilities (inclusive of all legal costs on a complete / full indemnity basis), claims, losses that may result from the breach of any warranties and / or representation made by the user(s) to the web site.
User(s) of the web site hereby further agree to save and indemnify the web site, its employees, agents, directors and affiliates from any harm from any or all liabilities (inclusive of the legal costs on a full / complete indemnity basis), losses, claims that may indirectly or directly, result from any claims asserted by third party rights claimants or any other third parties connected to services / products displayed or offered on the web site. Furthermore, the user(s) of the web site hereby agree that the web site is not liable / responsible for any information or material posted by others on the web site including illicit, offensive or defamatory material / information and that the complete risk of damages resulting from such material / information rests completely with the user(s). The web site reserves / holds the right, at its own expense, to assume the exclusive control and defense of any matter otherwise subject to indemnification by the user(s), in which eventuality, the user(s) shall be liable to completely cooperate with the web site in assertion of any available defenses.
The web site shall not be held responsible / liable for any indirect, direct, special, consequential, incidental or punitive damages or any other damages whatsoever (inclusive of but not limited to damages for loss of information, business interruption, loss of savings or profits), whether in tort, contract, strict liability, negligence or otherwise, or any other consequential damages from any of the following:
The inability or ability to use the web site;
Any defects in services, data, goods, information or samples obtained or purchased from a third party product / service provider or a user(s), via the web site;
Any violation of third party rights or demands or claims that the user(s) of the web site display, offer, import, distribute, manufacture, sale, purchase and / or use of services and / or products displayed or offered on the web site may be asserted to violate or may violate any third party rights; or claims of indemnification or defense by any party, in connection with assertions of claims, demands or rights by third party rights claimants;
Illegal or unauthorized access to private information or data of user(s) by any of the third parties;
Conduct or statements of any user(s) of the web site; or
Any issues / matters related to the Premium Services however resulting, inclusive of negligence.
All demands or notices upon or to the web site shall be effective only if it / they are in writing, and shall be duly made when sent to METPL in the following way:
Mackexperts Technologies Private Limited
Near Main Market
Faridabad , Haryana
India - 121003
All demand and notices upon or to the user(s) of the web site shall be effective if they / it is / are sent via courier, delivered on a personal basis, via facsimile, via email or by certified mail to the last known email address, fax or correspondence given supplied by the user(s) to the web site, or by the method of posting such a demand or notice on a section / area of the web site which can be accessed publicly without incurring any charges.
Notice to the user(s) shall be considered / deemed to be received by those user(s) if and when the web site is able to provide / demonstrate that a copy / original copy of that communication either in electronic or physical form, has been sent to those user(s), or immediately after the web site posts that notice on a publicly accessible area on the web site which can be accessed without incurring any charges.
XIV GOVERNING DISPUTE AND LAW RESOLUTIONS
The headings on the web site are for reference purposes alone, and in no way limit, define, describe or construe the extent or scope of the concerned section.
The web site’s failure to act with regard to any breach by any user(s) or failure to enforce any right(s) under these terms and conditions will in no way waive that / those particular right(s), nor waive the right of METPL to act in accordance with regard to any subsequent similar kind of breaches.
The web site shall have the right to assign its duties and obligations in this agreement or in any other agreement to all/any of its services to any entity / individual /person.
In case any provision of the agreement and / or terms and conditions of use agreement is held to be unenforceable and / or invalid, such provision shall be struck and the remaining provisions shall be enforced.